Legislature moves entire 2008 primary to February

Thursday

Jun 29, 2006 at 12:01 AMJun 29, 2006 at 6:58 AM

By PHILLIP RAWLSAssociated Press

MONTGOMERY - When the Alabama Legislature tried to make Alabama a player in presidential politics, it inadvertently moved the state's entire primary election - not just the presidential preference primary - from June to February in 2008.

State officials first learned of the mistake Wednesday, making it the second foul-up of lawmakers trying to make Alabama an early state for presidential candidates to court votes. Election officials already were worried that the new primary date, Feb. 5, 2008, happens to be Mardi Gras Day, a major holiday and tourist event in Mobile, where businesses shut down as tens of thousands jam streets for Carnival parades.

Alabama primaries for state and county offices traditionally have been held in June or September, never so early as February.

Ken Wallis, the governor's legal adviser, said Wednesday the final version of the legislation moving up the presidential preference primary did far more than the lawmakers intended.

"It certainly appears it has set all primary elections for the first Tuesday in February," he said.

The state's chief elections official, Secretary of State Nancy Worley, said she discussed the situation Wednesday with members of the state attorney general's staff.

"Our general thinking is the Legislature would come back and clear up that date," Worley said.

In the rush of its final meeting day on April 17, the Legislature approved a bill that was supposed to move Alabama's presidential preference primary from being one of the last in the nation to being one of the first. In 2008, it would go from June 3 to Feb. 5, which would be shortly after the trendsetting Iowa caucuses and New Hampshire primary.

The Legislature intended to leave the primary elections for state and county offices on the first Tuesday in June, but a rash of changes to the bill inadvertently changed one section to read: "Primary elections, except special primary elections and presidential preference primaries, held at the expense of the state or counties, shall be held on the first Tuesday in February."

That means the 2008 primary election for the state Supreme Court and other state appellate courts, the presidency of the Public Service Commission, many county commission seats and many circuit and district judgeships would be shifted from June to February.

A lobbying organization for county commissioners, which apparently spotted the error first, is troubled by the wording.

"We would obviously not be in favor of the primary being in February," said Sonny Brasfield, assistant executive director of the Association of County Commissions of Alabama.

The Legislature left the primary runoff for state and county offices on the last Tuesday in June. That means candidates would have an agonizing runoff campaign stretching more than four months - from Feb. 5 to June 24.

"Those runoff folks are going to have a long time to campaign," Worley said.

Wallis said he is hopeful the Legislature will address the dates because of the conflict with Mardi Gras, the issue that surfaced earlier.

Wallis said an election on Mardi Gras Day creates "almost insurmountable" problems for Mobile County officials, and it will also be troublesome in neighboring Baldwin County, where Mardi Gras Day is also a holiday.

"Many polling places are schools, and they are locked down," Wallis said.

Also, Alabama is one of four states being considered by the Democratic National Committee for an even earlier primary. The DNC will decide Aug. 17. If the DNC approves Alabama, the legislation will need modifying, said Zac McCrary, spokesman for the Alabama Democratic Party.

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